Worker awarded compensation for ‘catastrophic injuries’ after Tribunal finds workplace eye injury linked to suicide attempt

A worker who tried to take his own life less than a month after suffering a serious eye injury at work will get compensation for his “catastrophic injuries”.

A worker who tried to take his own life a month after a metal shard left him blind in one eye has been awarded compensation for the injuries he suffered in the attempt.

The now 40-year-old suffered “catastrophic injuries” and was left a paraplegic after the attempt and requires ongoing medical care.

In a judgment published by the SA Employment Tribunal, the worker’s injuries suffered during the attempt were sufficiently linked to the workplace accident as to make him eligible for compensation.

During a lengthy trial, Tribunal deputy president Judge Tony Rossi heard extensive evidence from the worker, members of his family and medical professionals.

Michael Roder KC, for the worker, argued that his client had developed an adjustment disorder following the workplace accident and, as a result had attempted to take his life.

However, Frances Nelson KC, for the Return to Work Corporation provided evidence that the worker had been in the middle of a lengthy break up with his partner and had called her shortly before the attempt.

On March 26, 2018, the worker was employed as a machinery operator with a construction company.

He was standing by a co-worker who was replacing a broken tooth on an excavator bucket when a slither of metal penetrated his left eye.

“It was excruciating,” the worker told the Tribunal.

“It was the most pain I have ever felt in my life, honestly, that protruding straight through my pupil.”

The injury left the worker mostly blind in his left eye and he described the appearance of the injury as “horrible and disgusting”.

Shortly before the attempt on April 18, the worker had made several calls to his former partner and also taken a brief call from his mother.

Mr Rossi found that the worker was left “distressed by the ongoing loss of vision of the eye and the guarded prognosis” for his recovery.

He ruled that the worker’s job had been an important part of his life and the first point of stability after a disrupted period when he was committing crimes and drinking heavily.

Mr Rossi rejected Ms Nelson’s submission that the worker’s argument with his ex-partner was a significant contributor to the attempt.

He ruled that the worker was eligible for compensation for the “catastrophic injures suffered in the (attempt)”.

Originally published as Worker awarded compensation for ‘catastrophic injuries’ after Tribunal finds workplace eye injury linked to suicide attempt